COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-10-262-CR

ROBERT RAYMOND GERARD APPELLANT V. THE STATE OF TEXAS STATE ------------ FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 ------------ Appellant Robert Raymond Gerard timely filed a motion for new trial and a notice of appeal from the trial court’s May 3, 2010 “Probation Order.” The trial court subsequently timely granted Gerard’s motion for new trial. See Tex. R. App. P. 21.8(a). The granting of a motion for new trial restores the case to its position before the former trial. Tex. R. App. P. 21.9(b). Therefore, the appeal has become moot, and on our own motion, we dismiss the appeal as moot. Tex. R. App. P. 43.2(f).

See Tex. R. App. P. 47.4.

Gerard shall pay all costs of this appeal, for which let execution issue.

PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b) DELIVERED: August 12, 2010